RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03956

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His records be corrected to reflect his current spouse is the beneficiary of his Reserve Component Survivor Benefit Plan (RCSBP).

APPLICANT CONTENDS THAT:

He missed the one year window in reporting his divorce (2012) and remarriage (2013).  Also, his former spouse has since remarried prior to the age of 55.  His current record does not reflect his divorce and remarriage.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the United States Air Force Reserve (USAFR) on 4 Aug 89.

According to documents extracted from his military personnel record, on 14 Jan 07, the applicant was honorably discharged from the Mississippi Air National Guard (MSANG), and on 15 Jan 07, he was transferred to HQ ARPC Retired Reserve section and placed on the Retired Reserve List awaiting retirement at age 60 (13 June 2027).  

On 20 Aug 12, according to documents submitted by the applicant, his divorce decree was filed in the Circuit Court of Tennessee for the 13th Judicial District at Memphis.

On 2 Jul 13, according to documents submitted by the applicant, he married his current wife.     

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice.  The applicant was eligible to make his initial RCSBP election on 31 Dec 09.  Due to a non-response and having eligible beneficiaries, an automatic election of Option C, “Immediate Annuity” for “Spouse and Child” was made effective, 1 Apr 10.  Per Title 10, U.S.C., Subsection 1448(a) (5) (B), “Manner and time of election.  Such an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date on which that person marries or acquires that dependent child” (Atch).  The applicant divorced on 20 Aug 12.  Upon remarriage on 20 Jul 13, he failed to update his RCSBP election to include his current spouse within the one year timeframe prescribed by law.  The former spouse’s remarriage prior to age 55 does not apply since she has no legal right to the benefit.  However, since the applicant’s current election covers spouse and child and there is no former spouse election, in the event of his death, his current spouse would be entitled to his Reserve Component Survivor Benefit Plan.    

A complete copy of the ARPC/DPTT evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Jun 16, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-03956 in Executive Session on 4 Nov 16, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03956 was considered:

	Exhibit A.  DD Form 149, dated 11 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 10 May 16.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Jun 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.